Book-Implemented Inventions
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Book implemented inventions currently cannot be patented. However an initiative started on the FFII bxl discussion list tries to make the case so that inventors of book-implemented inventions can benefit from the fruits of their labour.
Trips requires patentability of Book-Implemented Inventions
TRIPs 27 says that patents have to be granted for all inventions.
- [..] patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application.
There is no indication that book-implemented inventions are excluded. In fact Trips 27 specifies what can be excluded:
- Members may exclude from patentability inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect ordre public or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law.
and
- Members may also exclude from patentability: (a) diagnostic, therapeutic and surgical methods for the treatment of
- humans or animals;
- biological processes for the production of plants or animals other than non-biological and microbiological processes. [..]
An exclusion of Book-implemented inventions from patentability is not mentioned in TRIPs. As we see member states cannot exclude book-implemented inventions. European member states have to meet their Trips obligations.
Technical effects
Imagine a book, so the technical effect of a book would occur when your hands get lame from changing the pages or the eye movement tires you. Therefore we had proven that a reduction of letters causes a technical effect. Book-implemented inventions that contribute to more efficient use of letter space thus involve a technical effect and can get patented. The mere handling and displaying of information as such however cannot get patented.
Strict limitations
Book-implemented inventions can only be patented provided they are new, involve an inventive step and are capable of industrial application (=useful).
- books are usually manufactured in industrial facilities
Patented techniques can be used for free for academic non-commercial purposes
- academics can of course use the book-implemented inventions in academic courses to introduce selfmade bookmaking so it will not affect literature science.
---> literature is patentable via technical condition.
- not the literature or phrases as such, only book-implemented ideas with
technical effect such as shorter phrases)
Bad terminology 'literature patent'
'Literature patent' is a undefined term used by some groups that don't understand that not literature gets patented. Literature as such cannot get patented according to the European Patent Convention, Article 52 which says that aesthetic creations as such and presentations of information as such are not inventions. We speak of patents for book-implemented inventions, that is literature in combination with technology such as the Gutenberg press.
Similar issues
- Why can a Spam filter get patented but no stories? What makes literature so special to justify an exclusion from patentability?
- Promote innovation by patents: Trash literature is the result of little incentives to innovate. Only strong patent protection will provide an incentive for writers to circumvent existing ideas and write new stuff.
